Capital loss deduction hasn’t been adjusted in 50 years

Rick Ferri, CFA, brings a crucial point to light: the capital loss deduction has been stuck at a paltry $3,000 for 50 years. The Tax Reform Act of 1976 set this cap, and it hasn’t budged since. Adjusted for inflation, that figure would be over $17,000 today. For many taxpayers, this is a glaring issue that remains largely overlooked.

The reality is clear: the $3,000 capital loss deduction doesn’t go nearly as far as it should. When losses exceed gains, the most you can claim is $3,000, or $1,500 if you’re married and filing separately. This limit fails to reflect the true economic environment we’re in—with inflation and the value of the dollar eroding over time, that $3,000 deduction is effectively worth a fraction of what it once was.

Rick Ferri emphasizes that this deduction is supposed to reduce your Adjusted Gross Income (AGI), which includes any ordinary income. But let’s be honest—if you’ve suffered significant losses, $3,000 doesn’t provide enough relief. According to the IRS, “If your capital losses exceed your capital gains, the amount of the excess loss that you can claim to lower your income is the lesser of $3,000 ($1,500 if married filing separately) or your total net loss shown on line 16 of Schedule D.” This may sound like a reasonable rule on paper, but in practice, it’s a stingy lifeline at best.

The most frustrating part of all this? It hasn’t changed in half a century. If it had been adjusted for inflation, as Ferri points out, it would provide taxpayers with far more meaningful relief. Today’s $3,000 doesn’t even scratch the surface of the financial losses many investors face, particularly in volatile markets.

The government needs to revisit this policy and adjust the figure to reflect modern financial realities. Rick Ferri makes a compelling case for increasing the capital loss deduction, and it’s time policymakers listen. After all, this is a simple fix that could give taxpayers much-needed breathing room in a tax code that’s already burdened with complexities.

If the IRS wants to be fair, it should at least keep up with inflation. It’s a small but significant change that could make a world of difference for taxpayers already dealing with economic uncertainty. The current deduction just isn’t cutting it anymore.

Sources:

https://x.com/Rick_Ferri/status/1896569277790261452

https://www.irs.gov/taxtopics/tc409